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Madras High CourtCRL OP/4497/2026granted

Kamachi v. The State Rep. By The Inspector Of Police,

2026-02-24Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR Kamachi ..Petitioner(s) Vs The State Rep. by the Inspector of Police, Thirumuruganpoondi police station, Tiruppur District.

Crime No.591 of 2025 ..Respondent(s) Prayer: Criminal Original Petition filed under Section 483 of BNSS, to enlarge enlarge the petitioner on bail in Crime No.591 of 2025 on the file of the respondent police pending investigation.

For Petitioner(s):

Mr.N.Stalin For Respondent(s):

Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 30.12.2025 for the alleged offences under Sections 103(1) of BNS, in Crime No.591 of 2025 on the file of the respondent police, seeks bail. 2.The allegation against the petitioner is that she is the wife of the deceased and that, on the date of occurrence, the deceased picked a quarrel with her, under inebriated condition, and also assaulted her. Unable to bear the same,

while the deceased was sleeping, she allegedly strangulated him using a cloth and committed murder. The case was originally registered under Section 194 and subsequently altered to Section 103(1) of the BNS.

3. The learned counsel for the petitioner submitted that the petitioner has been arrested purely on suspicion and that she was not aware of the death of the deceased. He further submitted that the petitioner is a woman and is ready to cooperate with the investigation. Hence, he prayed for the grant of bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the petitioner has been in judicial custody since 30.12.2025. He further submitted that the investigation in this case is pending. Hence, he opposed to grant bail to the petitioner.

5.Considering the nature of allegations and the other facts and circumstances of the case, and taking note of the fact that the petitioner is a woman and has been in judicial custody since 30.12.2025, I am inclined to grant bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on

executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate, Avinashi, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the respondent police everyday at 10:30 a.m., for a period of three weeks and thereafter as and when required for interrogation; [c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

24-02-2026 GBI

Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies.

To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To 1.The State Rep. by the Inspector of Police, Thirumuruganpoondi police station, Tiruppur District.

Crime No.591 of 2025 2.The Judicial Magistrate, Avinashi.

3.The Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

GBI 24-02-2026